BAREBOAT CHARTER AND HIPAA

[jungpeter]

I've chartered a bareboat GB49 for a week in the Pacific Northwest, starting in mid-September. For what it's worth, I'm an experienced boater, with many, many miles and years aboard similar boats. My boating experience has been vetted by the charter company, all fees have been paid, and I and my charter party are expecting to show up at the appointed date and time for orientation, boarding, provisioning, and departure.

Out of the blue, a four-page form showed up, with instructions to fill out and return for ALL persons aboard for the charter. The form contained:

a. Medical and Emergency Contact Form. This form ask information such as contact information, personal insurance information (primary, named insured, policy #, secondary insurance provider), and medical history. Medical information required was surgical history, existing conditions (allergies, balance, cancer, etc.), a list of current medications, quantity carried aboard, etc.
b. Crew Contact Information Form. This form asked for contact information (name, address, phone, email, etc.). Again, for ALL persons aboard for the charter. A statement at the top of the form states "...Coast Guard Regulations require us to record the names, ages, and sex for every person aboard."
c. Release, Waiver and Indemnity Agreement. This fairly innocuous and generic indemnity waiver is appended with the statement that "In consideration of my participation in a cruising trip to Alaska led by (charter company) scheduled to begin..." The form touches on most risks commonly encountered afloat, such as medical emergencies, weather, injuries, sea sickness, etc. This form is obviously an attempt to indemnify the charter company from common risks in boating.

IMHO, much of this form is not only redundant (they've already got my contact information, and my money!), but in total violation of my, and my charter party's right to privacy, and violates the federal Health Insurance Portability and Accountability Act (HIPAA). As this is a bareboat charter, the charter company's responsibility for the health and welfare of the captain and crew ends dockside. Hence, HIPAA-protected information is none of their business, and (IMHO) cannot even be ASKED, much less demanded as a condition of a bareboat charter.

Although it's been a looonnnng time since I studied the Code of Federal Regulations (CFR) and Coast Guard boating regulations for my master's license, I do not recall any requirement from the Coast Guard demanding a charter company record the names, ages, and sex of every person aboard a bareboat charter. Smacks of a marketing scheme by the charter company to me.

Lastly, the Release, Waiver and Indemnity agreement. I don't believe one can waive one's right to recover damages from a charter company, irregardless of a signature on an arbitrary release form. Particularly in this case, where the form clearly states a fallacy that the charteror (that's me) is participating in a cruise organized and led by the charter company. We're not-it's a BAREBOAT charter!

Does anyone else think this form is BS?

Regards,

Pete

 

[dhays]

FWIW, it isn't a violation of HIPAA for them to ask about your medical history. Since they aren't a health insurance company, a health care provider, nor a business associate of either a health insurance company or a health care provider, they are not covered by HIPAA.

I would suggest contacting the charter company and asking them (in a polite and non-confrontational way) why they want the information and let them know which of the requested information you aren't comfortable sharing with them.

 

[Flatswing]

Not sure why it’s upsetting to you. Detailed medical information is commonly required on trips (including cruises) to remote or medically underserved areas. Some require certification from your doctor and trip evacuation insurance too. Really difficult, possibly tragic for all parties if it hits the fan while in remote places. Screening is but one way to mitigate those risks.

 

[BruceK]

As your reservation is already fully paid, I expect a contract has already been formed. Does it provide for these requirements?
If there are Coastguard Regulations to be met, that seems ok, it`s outside any contract. But it seems they want a lot more than that.
I`m guessing you`ll find the disclosure and indemnity required is imposed by the charter company`s insurers. The preamble may talk of an organized and led charter when yours is not, but I suspect the charter coy wants this anyway, even with the offending words removed.
If they are imposing new conditions post a concluded charter agreement,maybe get advice about whether you can pull out with refund. And about whether the "Indemnity/Release is actually effective. What if the people outside the contract(made with just you?) decline to provide their personal medical history? How do you force disclosure if they decline? And how do you get them to Indemnify/Release if they are not contracting parties?
Sounds like the charter coy could be a little late raising these matters late, assuming you didn`t already agree to provide them(though how you could I`m unsure).
If you are really unhappy instead of just "pissed off" by their requirements, you probably should get some advice. Are you ok not to do the cruise if they maintain their requirements, or do you want to try to force a backdown? Could get messy.

 

[RedRascal]

I'd definitely call and if this is Northwest Explorations this could be info they use for their flotilla trips where they are keeping track of folks. Maybe it was sent by mistake. I try to give out the minimum amount of info where possible, pretty much any business big or small gets hacked.

 

[Mambo42]

B sounds a lot like a crew list and that is pretty normal where I sail, in fact it is mandatory. If the authorities ask for one you better have it ready, otherwise a fine will wait you.

A and B together can be used in case of an emergency, when rescue units need to have as much information as possible. They need to know who they are searching for, what medical conditions there may be (ensuring the correct follow up is arranged if necessary). The way to look at this is that you need to be rescued and taken care of without you being conscious (so to speak). The more information you can supply the better it is. And my guess is that this is just a yes and know answer, don't think you have to provide your test results, detailed doctors reports etc..
I guess that, if you would be epileptic you would probably not be able to charter the boat.

And the last one is always the one every charter company uses, they don't want to be responsible for any damage you may cause to the boat or to others. Now, the question is whether this is legal or not ? If you pay a full CDW and they still say you are fully responsible, then I would ask the question why I pay a full CDW ?
This trick by the charter companies is used a lot in Europe. As a result the charter guest is fully responsible for the damage he or she causes to other boats. Many times the other boats don't know this, so they contact the charter company if there is any damage. The charter company then tells them the guest is responsible and chances are they will refuse to give the contact details of the guest involved. And that means that the owner of the other boat can pay his own damage, the charter company and charter guest go free. Happens a lot here.

 

[denverd0n]

I am retired now, but for the last ten years of my career I had to be HIPAA certified -- meaning that I went through training every year, and signed forms attesting to that fact. What dhays said is absolutely correct. The charter company asking these questions is in no way a violation of any HIPAA regulation.

Of course, this is a voluntary contract between you and the charter company. If you don't want to answer their questions then you don't have to. And, by the same token, they don't have to rent you the boat. If it were me I would probably fill out the form, but leave blank any questions that I felt were unreasonably intrusive. Then see what they say.

 

[jungpeter]

I am retired now, but for the last ten years of my career I had to be HIPAA certified -- meaning that I went through training every year, and signed forms attesting to that fact. What dhays said is absolutely correct. The charter company asking these questions is in no way a violation of any HIPAA regulation.

Of course, this is a voluntary contract between you and the charter company. If you don't want to answer their questions then you don't have to. And, by the same token, they don't have to rent you the boat. If it were me I would probably fill out the form, but leave blank any questions that I felt were unreasonably intrusive. Then see what they say.

Hi denverd0n.

Thanks for your reply. You are correct-the charter company can ask medical information, and I have no obligation to reply. And while HIPAA may not strictly (or legally) apply, the implicit message within HIPAA (and associated ADA prescriptions) makes it perfectly clear that my medical history is mine, and mine alone. And if not illegal for a charter company to ask about it, it's at the minimum astoundingly boorish.

Several portions of this "form" are just plain weird. Both the charter company and some responders to this thread overlook the fact that this is a bareboat (not demise) charter. Nor am I participating in any kind of "mother goose" convoy or sponsored trip. Therefore, items such as the crew list and the state of health of me and my crew are the responsibility of the skipper (me), and not the charter company. And the USCG is mum on this topic, unless and until an incident afloat involving the USCG occurs.

Personally, while I maintain damage waivers are useless and non-binding, I do appreciate it is the charter company's privilege to make signing a damage waiver a condition of charter, even post-contract. I will most likely sign the waiver portion of this form.

I agree that my course of action should be to answer any and all questions I feel appropriate. It remains to be seen how the charter company will react. Should my refusal to provide personal information post-contract result in the charter company's denial of my charter, I will be beyond "pissed off".

Regards,

Pete

 

[RedRascal]

For and additional reference point I've charter with two different companies out of Anacortes and they never ask for medical type stuff. Also did a charter in British Columbia, Canada and they also never asked for this stuff. They just wanted to understand my boating resume and have a signed contract. If I were to place a bet I think you got mother goose flotilla paper work by mistake. I don't see why it's needed on a bareboat charter. I wouldn't assume you need to do it and would call to ask what's up. I would not fill any of it out.

 

[dhays]

For and additional reference point I've charter with two different companies out of Anacortes and they never ask for medical type stuff. Also did a charter in British Columbia, Canada and they also never asked for this stuff. They just wanted to understand my boating resume and have a signed contract. If I were to place a bet I think you got mother goose flotilla paper work by mistake. I don't see why it's needed on a bareboat charter. I wouldn't assume you need to do it and would call to ask what's up. I would not fill any of it out.

This is my thought as well. Some of the requested information I can understand, but I agree with Pete that much of it wouldn't be applicable to a bare boat charter.

 

[hollywood8118]

I agree you likely got the wrong form(s) sent to you.
I would give the charter guests name and age , we have been asked for this type of thing renting short term rentals in Hawaii etc. As far as health history they can pound sand. They have no need for this info on a bareboat charter.
We seem to be at a point of history where we are giving up rights, being told what we should think and say (or not) and are expected to be quiet and just get in line.
This appears to be part of that way of thinking
Hollywood

 

[O C Diver]

My comment on this comes from close to 30 years of running scuba charters. All documents are to be made available before deposits are taken. In short, waivers, medical forms, and required medical insurance (in my case for scuba diving) must be made available before reservation are made. If they were on the website at the time of your reservation, that may be reasonable. Requiring them without any mention before the contract or them being required in the contract seems unreasonable.

Consider this: for my charters, diver insurance was required. This includes medical evacuation and hyperbaric chamber treatment. These can be extremely expensive and often not covered by health insurance. To require this, the medical form, and the liability waiver, all these needed to be on the charter dates web page with the stipulation that they needed to be sent in with charter requests.

While there is some requirement for a roster (that stays on land) with contact information and person to call in the event of an emergency. I doubt the rest is required by the USCG.

If I were feeling confrontational, I would tell them that I would happily comply with names, phone numbers, and person to call in the event of an emergency. But beyond that I will need to see the multiple million dollar business insurance policy that covers customer records theft. BTW, have you seen their multiple million dollar insurance policy covering willful acts of negligence (failure to properly maintain vessels under their charter)? Do they have any business insurance at all?

Ted